Warrantless arrest law, Business Law and Ethics

Assignment Help:

The "search incident" exception authorizes a search of the arrestee's person, including examination of personal articles such as wallets, purses, or other items, as well as the area within his immediate control.  Within the home, this will usually mean the ability to thoroughly search the item upon which the suspect is seated, such as a sofa or chair, as well as the ability to look under adjacent furniture.  It is unlikely to permit the opening of drawers or rummaging through cabinets.  Although originally justified for purposes of disarming a suspect or recovering evidence, the search incident is so thoroughly engrained in the law that no justification is necessary.

For purposes of this conference, assume that while riding in the first class section of a plane, a person is legally arrested for transporting illegal drugs by federal authorities.  You (as the Superior Court Judge) are asked to rule on evidence obtained from the following areas.

In your ruling, was it proper for the arresting officers to immediately conduct searches of the following items and places incident to the arrest?

  1. The person's clothing
  2. The person's carry-on bag
  3. The person's suitcase (which is located in the baggage compartment)
  4. The entire first class section of the airplane
  5. The terminal area where the person was sitting prior to boarding

If you elect to permit evidence taken in any of the preceding searches, defend your ruling with interpretations of any pertinent legal statutes or relevant case law decisions


Related Discussions:- Warrantless arrest law

When is an employer not vicariously liable, When is an employer not vicario...

When is an employer not vicariously liable? An employer is not vicariously liable when: a. Worker is doing something in working hours as of a personal nature. b. She or h

Liability of guarantor, Liability of Guarantor Therefore a guarantor's...

Liability of Guarantor Therefore a guarantor's liability which does not arise until whether the principal debtor has made default, because notice of the default utilized not b

What has been the evolution of the concept of corporate, QUESTION 1 The...

QUESTION 1 The doctrine laid down in Salomon v Salomon & Co. Ltd has to be watched very carefully. The Courts can and often do draw aside the veil. Discuss QUESTION 2 (

Defining phoenix activity, Stakeholders felt the working definition was bro...

Stakeholders felt the working definition was broadly appropriate. It was also noted that the Treasury definition, used as the working definition, has been endorsed by the ATO. A nu

What is the use of reprisal, What is the use of reprisal the use of rep...

What is the use of reprisal the use of reprisal should also be categorized under the heading of the lawful use of force. It is defined as a counter action taken by a state to p

Enumerate about the short-run phillips curve, Enumerate about the short-run...

Enumerate about the short-run Phillips curve Diagrammatically the short-run Phillips curve becomes flatter under coordination as opposed to no coordination. If one country expa

Explain the meaning of class rights, Question 1: (a) Who is a director...

Question 1: (a) Who is a director of a company and describe how he may be appointed. (b) What are the duties owed by directors under the Companies Act 2001? Question 2

Substantive and procedural law, Substantive Law: Therefore this is con...

Substantive Law: Therefore this is concerned through the rules themselves as opposed to the procedure on how to affect them.  So it defines the rights and duties of parties an

Registration of resolutions, Registration of Resolutions: By S.143(1) ...

Registration of Resolutions: By S.143(1) a printed copy of the following resolutions shall, within 30 days after the passing thereof, be delivered to the registrar for registr

Rationale of centralized and decentralized bargaining, Question 1: i) ...

Question 1: i) What is the rationale of centralized and decentralized bargaining? ii) Give examples of benefits associated with centralized bargaining. iii) Give exam

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd